This week, we pointed out that the TSA's investigation into agents who were caught conspiring to grope passengers left little chance that they would be prosecuted. A lot of it came down to the lack of a named victim which, as an anonymous...Show More Summary
Sorry, class action lawyers, but LinkedIn’s “References Searches” function does not constitute a consumer credit reporting agency [ESRCheck] Tags: class actions, debtor-creditor law, social media LinkedIn dodges a legal bullet is a post from Overlawyered - Chronicling the high cost of our legal system
Edward Zelinsky (Cardozo) has just posted on SSRN his article (Cornell Law Review On Line, Vol. 100, 2015) Gobeille v. Liberty Mutual: An Opportunity to Correct the Problems of ERISA Preemption. Here's the abstract: Gobeille v. Liberty Mutual Insurance Company...
The USPTO has an outstanding request for comments on its patent quality initiatives and many participants in the patent system will be submitting comments and proposals for improving patent quality. I’ve been working with a group of academics to create a second channel for submissions that will also open the door for further vetting and commentary to help the USPTO […]
Panel VII. Beyond Transformative Use—Other Fair and Permitted Uses (Moderator, Professor Gomulkiewicz) (partial: I had to leave early, sorry) Gomulkiewicz: sometimes licenses get a bad rap but they can be a powerful engine for creativity. Show More Summary
Five Years Ago This week in 2010, the move to a new type of mass media was accelerating across the board: more people were giving up TV across the board and smart artists were trying smart business models like the classical orchestras using CwF+RtB. Show More Summary
Per Ilya Somin, there might be: “In two landmark cases in the 1920s, Meyer v. Nebraska and Pierce v. Society of Sisters, the Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment protects parents’ and guardians ‘to direct the upbringing and education of children under their control.'” Meyer struck down a ban […] CPS vs. Show More Summary
Panel VI. IP and Cultural Expression (Moderators, Professor Said and Professor Margaret Chon) Mark McKenna, Notre Dame: Influence of Campbell outside copyright/in right of publicity: the First Amendment cases in which there’s an arguably expressive use of someone’s identity—movie, song, video games. Show More Summary
Reminder: as you lie bleeding to death on your office floor for drawing satire, Garry Trudeau will sneer at you for “punching down.” Greg Lukianoff and Patheos’s “Terry Firma” weigh in on the “Doonesbury” cartoonist’s sad contribution to the Charlie Hebdo discussion. Show More Summary
Panel V. Copyright and Music Licensing (Moderator, Dean O'Connor) Peter Menell, U.C. Berkeley: We seem to approach fair use depending on how we approach our careers. Lawyers: fair use is attractive b/c it has so much potential. Social science: not so perfect b/c it doesn’t solve core problems in many areas. Show More Summary
For this week's awesome stuff, we're trying out a slightly different format. Instead of gathering three new crowdfunded products, we're going to focus on just one and take a slightly closer look at its progress and prospects. Please let us know in the comments if you like this approach, or if you prefer the old format. Show More Summary
Listen to Episode 15 of Slate’s Amicus: Subscribe in iTunes ? RSS feed ? Download ? Play in another tab With hugely consequential decisions coming down the pike from the Supreme Court later on this spring, there’s been a lot of speculation about how certain key members of the court will vote. Show More Summary
Ohio officials have reached a settlement with voter-rights groups over the election schedule in one of the nation’s most closely-watched presidential swing states.
For many years now, we've been writing about the need for ECPA reform. ECPA is the Electronic Communications Privacy Act, written in the mid-1980s, which has some frankly bizarre definitions and rules concerning the privacy of electronic information. Show More Summary
It's no secret that the DMCA's section 1201 is extremely problematic. It's the "anti-circumvention" part of the law, that makes it illegal to circumvent "technological protection measures" even if it's for non-infringing purposes. This is a mess -- especially in an age of DRM trying to lock up everything. Show More Summary
Closing Keynote Address: Justin Hughes In a world of complex laws, like tax regulation, everyone likes the idea of a rule that’s both general and exculpatory—fun and safe because when you’re applying a multifactor test it’s very difficult to be clearly wrong. Show More Summary
California hasn't seen much rain over the past few years, and this drought is really serious now. Culprits of high water usage are popping up in various news stories: almond growers, farmers in general, swimming pools, golf courses, fracking, green lawns, car washes, wineries, etc, etc... Show More Summary
Panel IV. Campbell and the Future of Digital Technologies (Moderator, Dean O'Connor) O’Connor: output of one creative person becomes input for the next. Consider how copyright and fair use work in that system. Robert Brauneis, George...Show More Summary
We've mentioned many times the importance of anti-SLAPP laws in protecting people who are being sued solely to try to shut them up. It's still a travesty that we don't have a federal anti-SLAPP law but are reliant on various state anti-SLAPP laws. Show More Summary
A lawyer thinking about work on the way to the office wasn’t working under the eyes of the law, according to Virginia’s highest court.